News & Analysis as of

Yates Memorandum Criminal Prosecution

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compelled Interviews Admissible in Criminal Prosecution Against Former Company President and Its General Counsel

A New Jersey federal court has ruled that a company’s self-disclosure of potential Foreign Corrupt Practices Act (FCPA) violations did not render the company a state actor, allowing evidence obtained by its internal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Polsinelli

DOJ Strengthens Efforts to Combat Corporate Crime with Increased Focus on Individual Culpability and Self-Disclosure

Polsinelli on

As a product of the Department of Justice’s newly minted Corporate Crime Advisory Group, the DOJ has issued follow-up guidance to its October 2021 memo on corporate criminal enforcement, which reinstated prior guidance...more

Davis Wright Tremaine LLP

Aggressive Environmental Enforcement—The New Reality?

On November 29, 2021, we posted that the U.S. Department of Justice (DOJ) had recently reinstated the Yates memo, a 2015 enforcement policy memorandum that had been rescinded by the Trump Administration. The Yates memo...more

Orrick, Herrington & Sutcliffe LLP

DOJ’s Renewed Focus on Individual Accountability in White Collar Criminal Enforcement

In a speech to the ABA’s 2021 annual National Institute on White Collar Crime, Deputy Attorney General (“DAG”) Lisa Monaco emphasized that prosecuting individuals accused of white collar crime is a top priority for the Biden...more

Farella Braun + Martel LLP

The Huawei Trade Secrets Prosecution and What It Means for Business

by Jessica K. Nall and Janice W. Reicher[1] As the world watches the political and legal battles between the U.S. government and Chinese telecom giant Huawei unfold in the headlines, many are asking how the controversy may...more

WilmerHale

Foreign Corrupt Practices Act Alert: Global Anti-Bribery Year-in-Review: 2018 Developments and Predictions for 2019

WilmerHale on

Despite predictions of a slow-down in enforcement under the Trump administration—and indications that enforcement in some areas has decreased in the past year1—2018 was yet again an active year for FCPA enforcement. The year...more

Mintz - Health Care Viewpoints

Health Care Enforcement Year in Review & 2019 Outlook: Criminal Enforcement Trends

Criminal healthcare enforcement in 2018 once again focused heavily on opioids, targeting manufacturers, prescribers, dispensers and those who contribute to the addiction epidemic, and on prosecution of individuals for a...more

A&O Shearman

FCPA Digest - Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act - January 2019

A&O Shearman on

INTRODUCTION: RECENT TRENDS AND PATTERNS IN FCPA ENFORCEMENT - Although FCPA enforcement across the 2018 calendar year seemed to ebb and flow, in retrospect the enforcement agencies brought a typical number of enforcement...more

Farrell Fritz, P.C.

Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy

Farrell Fritz, P.C. on

In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that has limited or foreclosed cooperation credit for corporations not providing...more

Snell & Wilmer

Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

Snell & Wilmer on

In a speech delivered on November 29, 2018, Deputy Attorney General Rod Rosenstein announced changes to the Justice Manual regarding cooperation credit for companies facing criminal and civil investigations.1 These changes...more

Akin Gump Strauss Hauer & Feld LLP

Yates Memo Revisions Encourage Cooperation, but Fail Fully to Achieve a Common-Sense Approach to Civil Enforcement

• Recent Justice Manual changes roll back Yates memo requirements for corporations seeking cooperation credit in enforcement actions, including civil enforcement actions. • Corporations can now receive maximum cooperation...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Announces Revisions to Yates Memorandum Policy

On November 29, 2018, in a speech at the 35th International Conference on the Foreign Corrupt Practices Act, U.S. Deputy Attorney General Rod Rosenstein announced the Department of Justice’s (DOJ or the Department) revised...more

Blank Rome LLP

DOJ Revises Yates Memo and Relaxes Approach to Corporate Cooperation Credit

Blank Rome LLP on

The Department of Justice (“DOJ”) announced that it is stepping back from its hard-line approach to corporate cooperation credit in which a corporation was not eligible for credit unless it disclosed all relevant facts about...more

Latham & Watkins LLP

DOJ Announces Revised Guidance for Corporate Cooperation Credit

Latham & Watkins LLP on

Revised policies seek to end the Yates Memo’s all-or-nothing approach to corporate cooperation and should enable more timely and cost-efficient resolutions. Key Points: ..Companies are eligible for criminal cooperation...more

Arnall Golden Gregory LLP

DOJ Eases Requirement for Obtaining Cooperation Credit in False Claims Act Cases

In September 2015, then-Deputy Attorney General (DAG) Sally Q. Yates announced, in a memorandum (the “Yates Memo”), that the Department of Justice (DOJ) would place greater emphasis on pursuing individuals for corporate...more

McGuireWoods LLP

Yates Memo Revised – DOJ Steps Back From All-or-Nothing Approach to Corporate Cooperation Credit

McGuireWoods LLP on

The Justice Department’s revisions to the so-called “Yates Memo” continues a series of significant white collar enforcement policy changes. We hope this summary is helpful to businesses and their leaders in adjusting to these...more

Foley & Lardner LLP

DOJ Announces Changes to the Yates Memo Policy on Individual Accountability

Foley & Lardner LLP on

On Thursday, November 29th, the U.S. Department of Justice (DOJ) announced changes to its policy known as the “Yates Memo.” That policy, established in 2015 by then-Deputy Attorney General Sally Yates, had required companies...more

WilmerHale

DOJ Announces Revisions to Policy on Corporate Cooperation

WilmerHale on

In a November 29, 2018 speech, Deputy Attorney General Rod Rosenstein announced a softening of the US Department of Justice’s (DOJ) policy on giving credit for cooperation in corporate prosecutions. As memorialized in the...more

Alston & Bird

No More “All or Nothing” – DOJ Softens the Yates Memo

Alston & Bird on

After three years of working with the Yates Memo, the Department of Justice has memorialized the more practical applications federal prosecutors have been using on the ground. Our White Collar, Government & Internal...more

Hogan Lovells

DOJ aims for good, not perfect: Our view of the updated corporate cooperation policy

Hogan Lovells on

Government attorneys now have additional discretion in False Claims Act (FCA) civil cases to award cooperation credit to a corporation that meaningfully assists the government’s investigation without necessarily identifying...more

Eversheds Sutherland (US) LLP

US Department of Justice relaxes Yates Memorandum’s requirements for earning cooperation credit

On November 29, 2018, the US Department of Justice (DOJ) modified prior guidance on individual liability for corporate misconduct by affording federal prosecutors discretion to focus on “individuals who play significant roles...more

Holland & Knight LLP

DOJ Announces Changes to Policy on Individual Accountability in Corporate Cases

Holland & Knight LLP on

In 2017, the U.S. Department of Justice (DOJ) initiated a review of its 2015 policy concerning individual accountability in corporate cases (known as the "Yates Memo"). In the course of that review, the DOJ considered...more

Holland & Knight LLP

“Yates Memo” Edited to Grant Prosecutors More Flexibility in Civil Cases

Holland & Knight LLP on

On Sept. 9, 2015, then-Deputy Attorney General Sally Yates issued a memo requiring federal prosecutors to investigate any individuals responsible for illegal corporate conduct before settling a case. This applied to both...more

Bricker Graydon LLP

Personal liability trend continues: Health care CEO gets jail time for fraud scheme

Bricker Graydon LLP on

The Department of Justice (DOJ) recently announced that the CEO of Indiana-based American Senior Communities (ASC) was sentenced to over 9 years in federal prison for his involvement in a “massive fraud, kickback, and money...more

86 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide